Guzman Garcia v. Gonzales

MEMORANDUM **

Ofelia Guzman Garcia (Guzman), a native and citizen of Guatemala, petitions for review of a decision of the Board of Immigration Appeals (BIA) denying her motion to remand her case to the immigration judge (IJ) for proceedings on her application to adjust status, and affirming the IJ’s finding that she had filed a frivolous application for asylum. The BIA denied Guzman’s motion to remand on the grounds the IJ’s finding that she had filed a frivolous asylum application was supported by the record, and that under 8 U.S.C. § 1158 (d)(6), this finding forever bars Guzman from any benefit under U.S. immigration laws, including adjustment of status. We review the BIA’s denial of Guzman’s motion to remand for an abuse of discretion. Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003). See de Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir.2004). We deny the petition for review.

The denial of Guzman’s asylum application was the subject of an earlier appeal in No. 02-74324. See Guzman Garcia v. Ashcroft, 80 Fed.Appx. 23 , 2003 WL 22417134 (9th Cir., Oct.22, 2003) (“Guzman I”). In that appeal, this court affirmed in all respects the decision of the IJ as affirmed without opinion…